Opinion
June 5, 1967
Order of the Supreme Court, Kings County, dated September 6, 1966, which denied without a hearing defendant's motion "for re-sentence and in the alternative coram nobis", affirmed. Neither on the facts presented to the Criminal Term nor the undisputed facts disclosed by the briefs submitted on this appeal has defendant established that he is entitled to any relief. Concededly he was permitted to withdraw his plea of guilty on his own motion, before sentence, and thereafter, voluntarily, again pleaded guilty and was sentenced. It is not contended that his original plea of guilty was vacated without his consent or that any promise with respect to sentence was made by the court which pronounced judgment. Beldock, P.J., Brennan, Hopkins, Benjamin and Nolan, JJ., concur.